File:Bates, Ruby.jpg

Fair use for 'Ruby Bates'[edit]

Though this image is from a web site subject to copyright, I feel its use is covered by the U.S. fair use laws because:

1. The web page says the author of that web site, a law professor, does not own the photo, has the permission of no one to use it and posts it himself under a "fair use" rationale.
2. It is a famous photograph of a historical figure who was the alleged victim and star defense witness in the famous "Scottsboro Boys" case.
3. She is an important historical figures who was testifying in a public court room when this photo was taken.
4. The person in that photo has been dead for years.
5. Photo has low resolution and odd shading
6. Author unknown. Copyright for web site containing photo found at http://www.law.umkc.edu/faculty/projects/ftrials/ftrials.htm
7. The photo is being used for identification of the person it depicts, especially important to the article on the Scottsboro Boys that talks about her extensively.
8. The photo depicts her posture on the stand as the all-white jury would have seen her.
9. The photo shows Ruby Bates on the stand at the Decatur retrial.
10. This photo shows her in her fancy New York wardrobe bought by the Communist Party and ridiculed by the prosecution.
11. It is being used in the article on the Scottsboro Boys which describes her testimony at the Decatur trial at length the importance of the fancy New York clothes she was wearing had in destroying her credibility with the all-white Alabama jury in the 1930s Jim Crow South.

The license would be fair-use for person a who is dead.

Description[edit]

A front-on view of alleged rape victim and surprise defense witness in her fancy New York wardrobe, bought by the Communist party, as she testified in Decatur "reaking of the North". It will be used in the article on the Scottsboro Boys

This image is a faithful digitisation of a unique historic image, and the copyright for it is most likely held by the person who created the image or the agency employing the person. It is believed that the use of this image may qualify as non-free use under the Copyright law of the United States. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content for more information. Please remember that the non-free content criteria require that non-free images on Wikipedia must not "[be] used in a manner that is likely to replace the original market role of the original copyrighted media." Use of historic images from press agencies must only be of a transformative nature, when the image itself is the subject of commentary rather than the event it depicts (which is the original market role, and is not allowed per policy). Fair use //en.wikipedia.org/wiki/File:Bates,_Ruby.jpg true

If this tag does not accurately describe this image, please replace it with an appropriate one. Fair use true